In Capitol v. Foster, where the RIAA has asked for discovery into the "reasonableness" of defendant's fees, the RIAA has indicated that it will be using an 'expert witness' on the attorneys fees issue, but has never (a) identified the witness, or (b) produced the requisite "expert witness report" required by the Federal Rules of Civil Procedure, thus preventing defendant from requesting documents and a deposition from the expert. Defendant, on the other hand, produced her expert report last year.
In view of the imminent deadline for the completion of discovery on the attorneys fees issue -- April 16th -- Ms. Foster's lawyer, Marilyn Barringer-Thomson, has filed a motion to either (a) preclude plaintiffs from calling an expert witness, or (b) direct the plaintiffs to produce a report, document discovery, and the witness for a deposition:
Defendant's Motion to (a) Preclude Expert Testimony by Plaintiffs or (b) Compel Expert Discovery*
RIAA Opposition Papers*
Defendant's Motion to Strike RIAA Opposition Papers*
* Document published online at Internet Law & Regulation
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